Or. Admin. R. 257-050-0145 - Felony Convictions
(1) The
Department shall deny a tow business' application for a letter of appointment
or revoke a qualified tow business' letter of appointment for any of the
following reasons:
(a) A qualified tow
business, tow business, manager of daily operations, or principal is convicted
of any Oregon felony offense, or any offense in another United States court
that is equivalent to an Oregon felony offense, within the preceding fifteen
(15) years from the date the application for a letter of appointment is
received by the Department. This subsection is subject to the provisions set
forth under ORS 166.270(4)(b).
(b) A qualified tow business, tow business,
manager of daily operations, or principal is convicted of two or more felony
offenses. This subsection applies regardless of the date of the
conviction.
(c) A manager of daily
operations or principal is convicted of any felony offense, or any offense in
another United States court that is the equivalent of an Oregon felony offense,
where a weapon was used or threatened to be used in the commission of the
crime. This subsection applies regardless of the date of the
conviction.
(d) A manager of daily
operations or principal is convicted of any sex crimes. This subsection applies
regardless of the date of the conviction.
(2) Disqualified drivers.
(a) A driver that has any conviction
described in subsection (1) of this administrative rule is disqualified from
operating any tow vehicle on behalf of a qualified tow business and shall not
participate in the towing of vehicles for a qualified tow business under the
Department's non-preference tow program.
(b) A qualified tow business that employs a
driver that has any conviction described in subsection (1) of this
administrative rule will remain eligible to participate in the Department's
non-preference tow program under a letter of appointment. However, the
qualified tow business shall not allow a driver that is ineligible under this
subsection to participate in the towing of vehicles on behalf of the qualified
tow business under any letter of appointment issued by the
Department.
(c) Qualified tow
businesses, tow businesses, managers of daily operations, and principals who
become aware that a driver is disqualified under this subsection shall
immediately notify the Department of the driver and the reason for the
disqualification.
(3)
The Department may, at any time, conduct Oregon LEDS checks of qualified tow
businesses, tow businesses, managers of daily operations, principals, and
drivers in order to enforce its administrative rules. The Department may also
conduct checks of court records in order to determine the existence of felony
convictions, dates of convictions, and other disqualifying factors under its
administrative rules.
(4) These
rules apply to any application for a letter of appointment or any letter of
appointment in effect before, on, or after the effective date of these rule
amendments.
Notes
Stat. Auth.: ORS 181A.350
Stats. Implemented: ORS 181A.350
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